
Meridian Distracted Driving Accident Lawyer
Distracted driving is becoming more common and more dangerous every year. In Meridian, accident victims often suffer because another driver took their eyes, hands, or focus off the road. If you’ve been hurt in a crash like this, a skilled distracted driving accident lawyer can make a real difference. Instead of navigating an insurance claim alone, you can work with a professional who knows what they're doing and has experience in these situations. Contact us today to schedule a free consultation.
How we can help
- Understanding the Mississippi distracted driving law
- Penalties for texting while driving in Mississippi
- Building a case if the driver did not violate Mississippi distracted driving laws
- Why you need a Mississippi distracted driving lawyer
- Common types of driver distractions
- Distracted driving FAQ
- Do you have a Meridian distracted driving lawyer near me?
Understanding the Mississippi distracted driving law
Mississippi’s distracted driving law is intended to prevent crashes caused by drivers using hand-held phones and other electronic devices while operating a vehicle. Drivers are not allowed to write, send, or read text messages if their vehicle is moving.
The law also bans drivers from accessing, reading, or posting anything on social media with a hand-held mobile phone while driving. If a driver wants to use an electronic device to send a message, it must be used with a hands-free or voice-activated system.
Important terms under the law
The ban on text messaging covers all kinds of electronic communication - text messages, instant messages, emails, and electronic messages. However, it doesn't apply to emergency, traffic, or weather alerts related to the operation or navigation of the vehicle. A hand-held mobile telephone is any device you operate with at least one hand while driving, like most smartphones.
Penalties for texting while driving in Mississippi
Getting caught breaking Mississippi’s distracted driving law will not go on a driver’s criminal record; these offenses are treated as civil violations. The fine for each violation is $100. Distracted driving fines may seem minor, but accidents caused by a lack of attention can have major consequences for victims and their families. Distracted drivers could also face civil lawsuits if they cause an accident as a result of distracted driving, so the penalty can be much more serious than just $100.
Building a case if the driver did not violate Mississippi distracted driving laws
Just because a driver didn’t break Mississippi’s distracted driving law doesn’t mean they aren't responsible and can't be held legally liable for causing an accident. Someone may act negligently in ways the law doesn’t specifically mention.
For example, if a driver dropped food or spilled coffee and took their eyes off the road, that action isn’t technically banned by the state’s cell phone laws. However, careless behavior behind the wheel could still be considered negligence in a lawsuit. Car accident cases focus on overall conduct. The standard is whether a “reasonable person” would have paid more attention and kept their vehicle under better control.
Proving negligence in civil court
Your lawyer may look at what the driver was doing just before the accident. Witness testimony, photos, surveillance video, or statements from first responders may link the distracting action, even if it isn’t writing a text or sending a Snapchat, to the crash itself. The injured party needs to show that the driver failed to use reasonable care, causing the accident and their injuries as a direct result.
Why you need a Mississippi distracted driving lawyer
Proving distracted driving in Mississippi can be complicated, especially since distraction is often difficult to see, and drivers rarely admit they were careless behind the wheel. A skilled distracted driving lawyer knows how to gather solid proof - sometimes this means subpoenaing phone records, getting traffic camera footage, or coordinating statements from witnesses.
These steps can be complicated, and knowing how to do them isn't common knowledge among people who aren't trained and experienced in the legal field.
Common types of driver distractions
There are many different types of behaviors that can be considered distracted driving. Below are some of the most common examples:
Texting or talking on the phone (Even with hands-free devices)
Texting or talking on the phone is the most obvious example of distracted driving. However, it can be almost as distracting to text or talk on the phone using a hands-free device. While it may not be prohibited under Mississippi law, that doesn’t mean it isn’t dangerous and can lead to accidents and civil liability.
Using in-car technology like GPS or radios
Many vehicles come equipped with advanced screens, GPS systems, and confusing radios. Inputting an address, scrolling for a new station, or just adjusting the volume can take your eyes off the road. Not focusing on the road, just for a moment, can increase the chances of an accident.
Eating or drinking behind the wheel
Understandably, many people eat or drink while driving - whether they're rushing between appointments or dropping their kids off before going to work, there's sometimes no time to stop for a full meal. Still, this can take attention away from the road and take your hands off the wheel, both of which are dangerous.
Talking to or disciplining passengers or children
It’s difficult to have demanding conversations, resolve disputes, or administer discipline in a moving vehicle. Engaging with passengers (especially young children who need attention) distracts drivers from watching the road and can even physically shift their focus toward the backseat rather than on driving safely.
Reaching for items inside the vehicle
Dropping a purse, phone, or keys and stretching to pick them up means taking at least one hand completely off the wheel. These simple moments often result in the vehicle drifting into other lanes or running through traffic signs and lights.
Personal grooming (Like applying makeup or shaving)
Trying to finish personal grooming, like applying makeup or doing your hair, while in the car is another type of dangerous distracted driving. This forces a driver's hands off the wheel and certainly takes their attention away from operating the vehicle safely.
Looking at objects outside the vehicle (“rubbernecking”)
When drivers turn their heads to look at another crash, or even billboards on the side of the road, this is called "rubbernecking." While this is incredibly common, especially when traffic slows due to an accident, it's still dangerous and takes drivers' focus off the road.
Distracted driving FAQ
What is considered distracted driving in Mississippi?
Distracted driving can include any activity that takes your attention off the road. This ranges from texting, using social media, or making calls on a hand-held device, to eating, handling in-car systems, disciplining children, grooming, or even looking at something outside the car. If it causes you not to focus on driving, it can be considered distracted driving.
Can I still recover damages if I was partially at fault?
In Mississippi, car accidents are governed by pure comparative negligence rules. This means that victims who are partially responsible for their own accident can still recover damages. The amount you recover will be reduced by the percentage that it’s determined you are responsible.
What damages can I recover after a distracted driving accident?
You may be able to recover many types of damages after a distracted driving accident. These typically include medical bills, lost wages from missed work, repairs or replacement of your vehicle, and compensation for pain and suffering.
You should also be able to obtain compensation for future medical care and lost earning capacity. In cases where the other party acted with actual malice, fraud, gross negligence, or an indifference to the safety of others, you could be awarded punitive damages.
Do I have to go to court?
Not always. Most car accident claims are settled through negotiation with insurance companies without ever reaching a courtroom. However, if the insurance company will not make a fair offer, you may have to go to court for a trial. An attorney can advise you about the likely steps in your particular case.
Do you have a Meridian distracted driving lawyer near me?
Yes. Merkel & Cocke, P.A. has an office located at 2121 5th Street, Suite 205, Meridian MS 39301. Contact us today to schedule an appointment with one of our attorneys. We can meet in person, by phone, or by video conference.
Contact Merkel & Cocke, P.A. to discuss your case
If you’ve been injured and believe it might be a result of someone else’s distracted driving, working with a car accident lawyer is an important step. Getting legal help doesn’t erase your injuries, but it can ease your burden as you recover. Your lawyer knows what evidence proves distracted driving and how to deal with insurers who may try to dismiss your experiences.
Overall, working with a professional puts you in a better position to claim what you’re entitled to, so you can focus on moving forward. If you need help with a claim, Merkel & Cocke, P.A. is here for you. Call today or complete our online contact form when you’re ready to schedule your free case review
